Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 1-18 are pending in the application. Claim 7 is rejected. Claim 1 is objected to. Claim 2-6 and 8-11 are allowed. Claims 12-18 are withdrawn.
Restriction/Election of Species
Applicant’s election without traverse of Group I, claims 1-11, in the reply filed on July 2, 2026 is acknowledged.
Claims 12-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 2, 2026.
Priority
This application is labeled as a divisional of U.S. Application No. 18/672,696, filed on May 23, 2024, which is a continuation of U.S. Application No. PCT/US23/35399, filed on October 18, 2023, which claims benefit of Provisional Application No. 63/471,432, filed on June 6, 2023, which claims benefit of Provisional Application No. 63/437,288, filed on January 5, 2023, which claims benefit of Provisional Application No. 63/417,896, filed on October 20, 2022.
Information Disclosure Statement
The Information Disclosure Statement(s) (IDS) filed on January 2, 2026 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the Examiner has considered the IDS documents and signed copies of the 1449 forms are attached.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 should be amended to recite in step (ii): “obtaining a solution of the MDPBP from (i) in methyl isobutyl ketone...” for sake of clarity and consistency.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. § 112(d):
(d) REFERENCE IN DEPENDENT FORMS — Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. § 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 7 is rejected under 35 U.S.C. § 112(d) or pre-AIA 35 U.S.C. § 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 7 recites the limitation “wherein said temperature is 0-10°C.” With respect to numerical values and ranges, the instant specification discloses the following in paragraph [0126]:
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Accordingly, a temperature range of “0-10°C” as recited in claim 7 is being interpreted as including a temperature value of 10°C. Consequently, claim 7 is drawn towards a temperature value of 10°C and is, therefore, broader in scope than parent claim 6 which only provides for temperature values “below 10°C.” Consequently, claim 7 fails to further limit the subject matter of parent claim 6.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-11 are free of the prior art. Claim 2-6 and 8-11 are allowed. Claims 1 and 7 are otherwise allowable if amended to address the issues described above.
Conclusion
Claim 2-6 and 8-11 are allowed. Claim 1 is objected to. Claim 7 is rejected. Claims 12-18 are withdrawn.
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/D.M.S./Examiner, Art Unit 1626
/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626
